Hearing in a suit seeking to stop David Mark-led leadership of the African Democratic Congress (ADC) suffered a setback, yesterday, at the Federal High Court in Abuja, following the failure to serve court papers on Mark and others as required by law. Justice Emeka Nwite, who was to adjudicate in the dispute, fixed September 30 as the new date for the hearing.

At yesterday’s proceedings, counsel to the plaintiff, Michael Agber, claimed that all processes and orders made by the court had been served on the five defendants involved in the legal battle.

However, Justice Nwite, after searching through the court’s file, could not find the proof of service.

In the drama that ensued, the plaintiff’s lawyer later claimed that he served Mark, Rauf Aregbesola and Chief Ralphs Nwosu, who are the second, third and fifth defendants in the suit, through the ADC.

Nwite faulted the mode of the service, adding that the law required the plaintiff to serve court papers on Mark, Aregbesola and Nwosu individually.

The judge held that there was no proper service yet, adding that for such service to be valid, an order for substituted service must first be obtained from the court.

Having admitted errors in the mode of service of court papers, the plaintiff’s lawyer sought an adjournment to enable him to put his house in order.

Justice Nwite ordered the plaintiff’s lawyer to serve the court papers on the Independent National Electoral Commission (INEC) in the open court, and it was complied with.

ADC, represented by a Senior Advocate of Nigeria (SAN), Shuaib Aruwa, claimed that the party had not been fully served in compliance with the law by the plaintiff.

In the end, Nwite fixed September 30 for the hearing of the suit. A former Deputy National Chairman of ADC, Nafiu-Bala Gombe, had filed an ex parte application seeking the order of the court to restrain Mark and others from assuming the leadership of the party.

Pending the resolution of his originating summons challenging the decision to take over the party. In a ruling, the judge declined to issue a restraining order and instead ordered the plaintiff to put Mark and others on notice to show cause why the request should not be granted.

Gombe, in the suit marked: FHC/ABJ/CS/1819/2025, had sued ADC, Senator Mark, Aregbesola, INEC and Nwosu as 1st to 5th defendants respectively. (The Guardian)

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